People v Rodriguez
2013 NY Slip Op 06720 [110 AD3d 929]
October 16, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


The People of the State of New York, Respondent,
v
Hector Rodriguez, Appellant.

[*1] Hector Rodriguez, Ossining, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), former appellate counsel.

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated June 13, 2006 (People v Rodriguez, 30 AD3d 544 [2006]), affirming a judgment of the Supreme Court, Kings County, rendered April 16, 2002.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Eng, P.J., Mastro, Rivera and Dillon, JJ., concur.